Roger Jensen v. Chee Burnsides

MEMORANDUM

This appeal concerns the fatal shooting of Heath Jensen (Jensen) by Officer Chee Yazzie Burnsides of the City of Williams Police Department. Appellants Roger and Sandy Jensen, Jensen’s parents, challenge the district court’s grant of summary judgment in favor of Officer Burnsides, the City of Williams Police Department, and the City of Williams on their excessive force and municipal liability claims.

The district court properly granted summary judgment in favor of Officer Burnsides because Appellants failed to raise a material factual dispute regarding whether Officer Burnsides’ shooting of Jensen was objectively reasonable. The undisputed facts reflect that Jensen violently attacked Officer Burnsides. Because Officer Burnsides’ response to Jensen’s attack was objectively reasonable, there was no constitutional violation. See Long v. City & County of Honolulu, 511 F.3d 901, 905 (9th Cir.2007) (“In a Fourth Amendment excessive force case, defendants can still win on summary judgment if the district court concludes, after resolving all factual disputes in favor of the plaintiff, that the officer’s use of force was objectively reasonable under the circumstances.”)…